Perceived Invald Elections

Started by JamesJ11 • 6 replies • 1323 views

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JamesJ11 (Florida)
Posts: 7

Posted:

The HOA for our Park held the Annual Election in January. There was never a fixing of the record date. In this HOA, the only recognized members (members who may participate in business and vote) are the ones who pay a $20.00 fee. At least thirty such individuals did so on the night of the election and voted.

The vote was taken by secret ballot and taken outside of the Clubhouse to be counted. No count was reported, and the winners were announced.

Many of us wanted the count revealed and were prepared to make a motion to that extent but the meeting was adjourned directly after the voting process ended in order to prevent us from raising the question.

Then four of us were thrown out of the HOA and told we could no longer participate because we were "trouble makers."

How can we get a new election? How can we force the Association to follow its own bylaws?

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi James:

What do you mean by thrown out of HOA? If you own property in the HOA you are still members of the association.

I know you mentioned HOA; however, I want to make sure what type of HOA and which statutes would you fall under as you mentioned “Park” which could potentially be a mobile home park. Therefore, do you know which Chapter your association falls under? This might be stated in the beginning of your CCR’s.

TimB4 (Tennessee)
Posts: 21,059

Posted:

James,

Based on your posting, I have the following expectations:

Your Association is a mobile home Park
Membership in the Association is voluntary
You, and perhaps others, are questioning the election results
Your membership was terminated by the Association and not by your request or agreement

Is this correct?

Tim

JamesJ11 (Florida)
Posts: 7

Posted:

Thanks to all who responded.

By "thrown out" of the Association, I mean that my wife received a phone call from the President, who informed her that the Board had met (without notice and in secret) and by a unanimous vote of that Board, our membership had been removed from the HOA. They had removed at least two other people from the membership, and I had openly opposed this action and informed them that they were violation of the FL 723 statutes and the Association Bylaws to arbitrarily removed someone's membership. One might argue that I was guilty by association.

The Board met in secret because I had just been elected to the office of Vice President and they opposed that. I was elected in January and they removed me in February.

Our Bylaws read: "All persons owning mobile homes located in Park XXXX, (in) PPPPP, FL (the Park) shall be eligible for membership in the Association..."

The 723 Statute reads: "...all consenting mobile home owners in the park and their successors shall become members of the association and shall be bound by the provisions of the articles of incorporation, the bylaws of the association, and such restrictions as may be properly promulgated pursuant thereto."

Another member, who requested certain financial records, was removed also. He sent the BOD a certified letter requesting access to those records, and before the two week deadline was reached, he received notice that his membership had been revoked. Four individuals, all label troublemakers in an open meeting were removed.

I feel the election was fraudulent and should be done appropriately. Many home owners agree but they are so very afraid of these thugs and bullies, they do not stand up to them. This is a +55 Park.

BTW, expulsion from the membership, for the Board, means that the expelled member cannot speak nor can he vote on any issue including an election. So this action, by that definition only protects the Board, no one else.

I have not agreed to nor requested that my membership be ended.

Thanks again for your help.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

here are your three options:

gather community support and 'march on the capital' of the park

hire an attorney

'lock 'n load'

MartinH2 (Florida)
Posts: 24

Posted:

Unless you are prepared to sue the HOA and all of the Board members individually who held the "secret" meeting and acted in violation of Florida laws forget about it.

Based upon your description they have violated several Florida laws.
Bully's and criminals like this understand only one thig, a costly and punitive judgement imposed by a court in the State of Florida.

You can also sue for return of your legal expenses after you win the suit.

Good luck.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi James:

Here you go:

http://www.myfloridalicense.com/dbpr/lsc/LSCMHMobileHomeFAQ.html

7. What are the grounds for eviction from a mobile home park?

-Nonpayment of lot rental amount.
-Conviction of a violation of a federal or state law or local ordinance, which violation may be deemed detrimental to the health, safety, or welfare of other residents or employees of the mobile home park.
-Violation of a park rule or regulation, the rental agreement, or Chapter 723, Florida Statutes.
-Change in the use of the land comprising the mobile home park.
Cite: Section 723.061, F.S.

9. How do I file a complaint against the mobile home park owner?

There are several options available for filing a complaint. You may send your complaint through the US Postal Service to the Department at 1940 North Monroe Street; Tallahassee, Florida 32399-1031; e-mail your complaint to [email protected] or fax it to 850.488.7149. While not required, it will assist in expediting your complaint if it is received on a Mobile Home Complaint Form. You may call 850. 488.1122 to request a Mobile Home Complaint Form or download a printable copy from our forms page.

Unless you had any of the violations noted in Item 7 above, then Item 9 gives you the process to follow.

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